Fines Officers

Baroness Anelay of St Johns: asked Her Majesty's Government:
	What provision they have made for the procurement and training of fines officers, a role proposed to be created by the Courts Bill in light of the recently published White Paper on the forthcoming anti-social behaviour Bill and its proposals for the use of fines as a punishment.

Lord Irvine of Lairg: There are no statutory requirements in the Courts Bill as to grade, qualification or experience of fines officers. However it is expected that fines officers will largely be drawn from existing MCC staff, many of whom have long experience in dealing with defaulters.
	The precise role of fines officers will be piloted alongside other measures in the fines collection scheme. Once pilot areas have been identified, discussions about the specifics of the fines officer's role will begin with justices chief executives, including the provision of training.
	The specific training a fines officer will require may be further developed throughout the pilots and guidelines may then be given to all courts prior to a national roll-out of the scheme.
	Regulations, which will be developed after Royal Assent to the Courts Bill, will provide details about the fines collection scheme and guidance will also be provided for the fines officers to help them in their work; this may be further developed during the running of the pilots.

Sexual Offences: Northern Ireland, and England and Wales

Lord Beaumont of Whitley: asked Her Majesty's Government:
	What significant differences there are in the laws governing homosexual offences in Northern Ireland, and England and Wales.

Lord Williams of Mostyn: There are two significant differences in the law governing homosexual offences in Northern Ireland and in England and Wales. First, the age of consent is 17 in Northern Ireland where it is 16 in England and Wales, although this applies to all types of sexual activity. Secondly, where in Northern Ireland a man would be charged with buggery for the non-consensual anal penetration of another man, in England and Wales this would be rape. This second situation will be addressed in the Criminal Justice Order (Northern Ireland) 2003. The order will amend the definition of rape in Northern Ireland to include anal penetration.

Sexual Offences: Northern Ireland, and England and Wales

Lord Beaumont of Whitley: asked Her Majesty's Government:
	Whether the Sexual Offences Bill will be compatible with the European Convention on Human Rights and its case law if Northern Ireland is not included in those provisions relating to homosexuals.

Lord Williams of Mostyn: The Government's obligations under the convention relate to what is proposed by any new piece of legislation, rather than what is not. As my noble and learned friend Lord Falconer of Thoroton has stated clearly, it is the Government's view that the provisions of the Sexual Offences Bill are compatible with the convention rights.

Sexual Offences: Northern Ireland, and England and Wales

Lord Beaumont of Whitley: asked Her Majesty's Government:
	What was the result of the equality impact assessment under Section 75 of the Northern Ireland Act 1998 on the decision not to include Northern Ireland in those parts of the Sexual Offences Bill designed to bring about legal equality as between homosexual and heterosexual offences.

Lord Williams of Mostyn: An equality impact assessment is undertaken on any policy which, following an equality screening, may have a detrimental effect on one or more of the nine Section 75 categories. An equality impact assessment focuses on what is being done rather than what is not. The Government have not, therefore, undertaken an impact assessment of the effect of not extending these provisions.

Northern Ireland: Smoking among Civil Servants

Lord Laird: asked Her Majesty's Government:
	Whether it is their policy to discourage smoking among Northern Ireland civil servants; how many special smoking chambers there are in their premises in the Province; and whether they have plans to reduce that number.

Lord Williams of Mostyn: Smoking is not permitted in any premises occupied by Northern Ireland Office or Northern Ireland Administration staff, except in designated smoking rooms. This ban includes public offices, workshops and depots and extends to all areas including single occupancy rooms, training and conference rooms, corridors, toilets, canteens, reception areas and vehicles. There are some 144 smoking rooms currently in operation. The smoking policy is currently being reviewed and it is anticipated that this will significantly impact on the current provision of smoking rooms.
	Both the Northern Ireland Office and the Northern Ireland Administration seek to discourage staff from smoking, through the workplace health improvement programme. This programme is designed to raise awareness of health issues (including smoking) and offers practical advice to encourage staff to adopt/maintain a healthy lifestyle.

House of Lords: Hereditary Peers' By-election

Lord Palmer: asked the Chairman of Committees:
	What is the cost to the House of Lords of employing Electoral Reform Services to assist with the Hereditary Peers by-election.

Lord Brabazon of Tara: The cost was £8,581.60 excluding VAT.

Political Parties: Regulation of Investigatory Powers Act 2000

Lord Tebbit: asked Her Majesty's Government:
	Whether they will set out the rules or conventions governing covert penetration of political parties by police and by the Security Service.

Lord Falconer of Thoroton: Part II of the Regulation of Investigatory Powers Act 2000 (RIPA) governs the authorisation, conduct and use of covert human intelligence sources by the police, the Security Service and other public bodies. The Security Service may only act in accordance with its statutory remit as set out in Section 1 of the Security Service Act 1989, as amended by the Security Service Act 1996.

NASS: Independent Inquiry into Dealings with Landmark

Baroness Ramsay of Cartvale: asked Her Majesty's Government:
	What the findings were of the independent inquiry into the National Asylum Support Service's dealings with the Landmark Company.

Lord Falconer of Thoroton: On 11 July 2002, in answer to a Parliamentary Question from my honourable friend the Member for Liverpool, Riverside (Mrs Louise Ellman) Official Report, Commons, col. 1194W, the Home Secretary announced that he had instructed the director of National Asylum Support Service (NASS) to arrange for an independent inquiry to be carried out into issues arising from NASS' dealings with the Landmark Company. We are today publishing a summary of the report of that inquiry and a copy of that summary is being placed in the Library.
	The inquiry confirmed that there were serious problems in the way accommodation for asylum seekers was being run in Liverpool. Its main recommendations have been accepted and are being implemented. Although the report concludes that there has been no material breach of contract by Landmark, it is clear that what happened in Liverpool is completely unacceptable.
	We are therefore also announcing today the action which has been put in hand. A new contract manager has been appointed and will hold Landmark closely to account: the future of the contract will be reviewed after six months in the light of performance.
	The new deputy director-general of the Immigration and Nationality Directorate, responsible for NASS, has been asked to make clear to Landmark that significant improvements will be needed—both in its general performance and in the standard of its properties. In the meantime, no further dispersal will be made to Landmark properties.
	The Home Secretary has also recently commissioned an independent review of the management, staffing and expertise at NASS, which is due to report by the end of May.

Prison Service: Corporate and Business Plans

Baroness Ramsay of Cartvale: asked Her Majesty's Government:
	When they will publish the Prison Service corporate plan and business plan for this financial year.

Lord Falconer of Thoroton: The Prison Service's corporate plan for 2003–04 to 2005–06 and business plan for 2003–04 (which includes the agreed key performance indicators) has been published today and copies have been placed in the Library.

Market Renewal Pathfinders

Baroness Golding: asked Her Majesty's Government:
	What funding allocation market renewal pathfinders can expect for 2003–04.

Lord Rooker: The nine market renewal pathfinders are making good progress in developing their long-term action programmes to turn around their areas which suffer from low demand and abandonment.
	The bulk of the £500 million market renewal fund announced in Sustainable Communities: Building for the Future will be allocated in negotiation with each pathfinder on the basis of proposed outputs and outcomes included in their strategic schemes. Completion of these schemes is essential to ensure future large-scale investment is well informed and based on robust plans.
	We recognise that pathfinders are at different stages in completing their schemes, and whilst we expect three of the pathfinders to complete schemes this year, the remainder will not complete schemes before the end of the financial year.
	I am therefore announcing today an initial allocation of up to £4 million of market renewal funding for those who do not expect to complete their schemes this year. This will mean that alongside development of these robust schemes, early action on the ground can continue in the areas that need it most.
	Pathfinders which complete their schemes this year will be allocated levels of funds to support the proposed programmes, as agreed in negotiation with ODPM. Prior to agreement, these pathfinders can, where appropriate, undertake early action that will underpin the wider action plans they are developing in their strategic schemes.
	This represents a key step in delivery of our commitment to tackle low demand and abandonment.

Nationality, Immigration and Asylum Act: Section 55 Decisions

Earl Russell: asked Her Majesty's Government:
	What action, if any, they propose to take in response to paragraph 63 of the judgment of the Court of Appeal in The Queen on the application of Q and others and the Secretary of State for the Home Department, in which it is held that "he [the Home Secretary] must, however, be prepared to entertain further applications from those to whom he has refused support who have not been able to find any charitable support or other lawful reasons if fending for themselves."

Lord Filkin: It is always open to an individual to present further evidence if their circumstances change or if they have further information which they wish to be considered in relation to Section 55 decisions.

Nationality, Immigration and Asylum Act: Section 55 Decisions

Lord Laird: asked Her Majesty's Government:
	Whether they will review existing legislation on asylum seekers and amend or repeal Section 55 of the Nationality, Immigration and Asylum Act 2002, as proposed by the Northern Ireland Human Rights Commission; and whether they accept the commission's view that the claims of asylum seekers in Northern Ireland are not assessed in a fair and timely manner.

Lord Filkin: The Government have noted the comments of the Northern Ireland Human Rights Commission.
	On the first point, the Court of Appeal judgment of 18 March reinforced the key legal points in relation to Section 55 and confirmed that the Nationality, Immigration and Asylum Act 2002 is compatible with the European Convention on Human Rights. This has enabled the Government to continue to implement the robust but fair system of asylum support for which Parliament has legislated.
	On the second point, the Government have increased the resources targeted at reducing both the number of cases awaiting an initial decision and the time taken to reach a decision with positive results. The Government's strategy for tackling asylum decisions in a fair and timely manner has been implemented on a nation-wide basis: the place of residence of an asylum seeker in the United Kingdom has no bearing on either the timeliness or the substance of the decision. All decisions are made fairly, with due regard to the evidence presented and in accordance with policy advice relating to the country in question.

Iraq: Military Action and Humanitarian Law

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What is their response to the views expressed by the director general of the International Committee of the Red Cross, in his letter published in the Financial Times on 15 March, about the manner in which military action against Iraq should be undertaken in accordance with the Geneva Convention.

Baroness Symons of Vernham Dean: Her Majesty's Government welcome the letter from Mr Angelo Gnaedinger.
	The UK will, throughout the conflict, fully observe its responsibilities under international humanitarian law, including respecting the work of the International Committee of the Red Cross, which it strongly supports.

Africa: UK Diplomatic Representation

Lord Tomlinson: asked Her Majesty's Government:
	Whether there will be a reorganisation of the United Kingdom's diplomatic representation in Africa.

Baroness Symons of Vernham Dean: Changing strategic priorities require the Foreign and Commonwealth Office constantly to adapt and amend its pattern of representation overseas. In order to free resources to strengthen the UK's diplomatic network in other parts of the world now more critical for UK interests, Her Majesty's Government have decided to make the following adjustments to our diplomatic representation in West Africa. With effect from early summer, the embassy in Bamako will be closed. We intend to retain a UK office there. Given the importance the UK attaches to stability and peace in the Mano River region, we intend to open a one-person office in Monrovia later this year, and upgrade our office in Conakry to an embassy.

Cote d'Ivoire: Northbridge Services Group

Lord Carter: asked Her Majesty's Government:
	What is their position on reports that Northbridge Services Group is recruiting for work in Cote d'Ivoire.

Baroness Symons of Vernham Dean: Her Majesty's Government are gravely concerned at reports that Northbridge Services Group, a UK company, is recruiting British, South African, French and other ex-servicemen as military units to work in Cote d'Ivoire. The crisis in Cote d'Ivoire has caused enormous suffering for the people of that country, and threatens the stability of the wider region. The Linas-Marcoussis Agreement offers Ivorians the opportunity of a peaceful, political settlement, which addresses the key issue underlying the crisis. Ivorians are now making progress in setting up a broad-based government of national reconciliation, under the terms of the Linas-Marcoussis Agreement. Any deployment of foreign military units at this time would seriously undermine the peace process and the efforts of the UK and wider international community to support a durable, political settlement. We have made it clear to Northbridge Services Group that the UK Government would deplore any intervention of this sort.

Ghana: Exemption to EU Arms Embargo

Baroness Ramsay of Cartvale: asked Her Majesty's Government:
	Whether any goods subject to strategic export controls have recently been approved for export to Ghana.

Baroness Symons of Vernham Dean: Following consultations with the Foreign and Commonwealth Office and Ministry of Defence, the Department of Trade and Industry recently approved a licence to export antennae masts to Ghana. These masts will be used by the Ghanaian Armed Forces in the UN peacekeeping mission in the Democratic Republic of Congo (DRC).
	The DRC is subject to an EU arms embargo, imposed by a Declaration of 7/4/1993. The embargo was put in place mainly to ensure the safety of international troops and civilian personnel deployed in the DRC.
	The decision to grant an exemption to the EU arms embargo on the DRC was made on the basis that the equipment is needed by bona fide UN peacekeepers and is proportionate to the needs of the Ghanaian peacekeepers. It does not affect Her Majesty's Government's continued support for the EU arms embargo on the DRC.
	Her Majesty's Government fully support the Ghanaian troops deployed to the UN peacekeeping mission in the DRC. The decision underlines our continued support for the work being done by peacekeepers within the country.

Regulatory Impact Assessments: Compliance

Lord Burlison: asked Her Majesty's Government:
	What is the level of compliance with the regulatory impact assessment process.

Lord Macdonald of Tradeston: A baseline for measuring the level of compliance with the regulatory impact assessment is today being placed on the website of the Cabinet Office Regulatory Impact Unit (www.cabinet-office.gov.uk/regulation). An exercise in December 2002 to establish a snapshot of the level of compliance provided a figure of 92 per cent. We will keep this under six-monthly review and strive not only to maintain this level of compliance but to improve it. In addition, we recognise the need to increase the quality of RIAs and the value they add to the policy-making process. We are working closely with departments to identify ways of achieving this.

Iraq: Guidance to Civil Servants and Service Personnel

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will publish the guidance given to civil servants and members of the Armed Forces governing the manner in which military action against Iraq is taken, in accordance with the principles of international humanitarian law.

Lord Bach: The Civil Service Code sets out the constitutional framework within which all civil servants work and the values they are expected to uphold. Under the terms of the code all civil servants are bound to comply with the law, including international law, treaty law and treaty obligations.
	The rules of engagement under which British Armed Forces in Iraq operate fully reflect our obligations under the law of armed conflict to ensure minimum use of force to achieve military objectives. It has been the practice of successive governments not to disclose rules of engagement, since to do so would provide an enemy with detailed information about how our forces operate and jeopardise any operations in which they were engaged. I am therefore withholding the information in accordance with Exemption 1 (Defence, security and international relations) of the Code of Practice on Access to Government Information.

Severe Acute Respiratory Syndrome

Lord Woolmer of Leeds: asked Her Majesty's Government:
	What is their response to severe acute respiratory syndrome (SARS).

Baroness Andrews: In response to information received from the World Health Organisation (WHO) on the first reported cases of severe acute respiratory syndrome (SARS), the Department of Health, along with the Health Protection Agency (HPA) has continually monitored the threat to the United Kingdom from this as yet unidentified virus.
	On 13 March, the department issued an alert to all general practitioners, National Health Service trusts, and public health professionals, with detailed information on the symptoms of this illness and advice on the management and reporting of probable cases. The Public Health Laboratory Service (as it was at the time) also issued information to professionals through its alert system. Further information has subsequently been made available to the profession and public on infection control, surveillance, management of patients, microbiological sampling and investigation and advice for travellers to affected areas and is updated on a daily basis via the department's and the PHLS's websites.
	As a result of this timely response and high degree of vigilance among the profession and public, to date we have had only three probable cases of SARS in the UK. This is against a total number of 1,804 in 15 countries. All three of the cases in the UK have recovered from their illness. These robust public health measures currently in place have so far contained this disease in the UK.
	We, along with the HPA and WHO, continue to monitor this situation very carefully and advise the public and profession accordingly.